| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 38/03 |
| Hearing date | 30 Jan 2003 - 21 Feb 2003 (2 days) |
| Determination date | 17 April 2003 |
| Member | P Cheyne |
| Representation | JA Burney ; P Shaw |
| Location | Christchurch |
| Parties | Bevington v Electricity Ashburton Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Dismissed for lying - Took respondent's property home without paying - Misstated number of items taken when requested to pay - Not informed of witnesses' identities until after dismissal - Positive obligation on employer to reveal identities - Did not interview all relevant witnesses - Lack of opportunity for representation from beginning of disciplinary inquiry - Doubts about applicant's credibility during disciplinary investigation not put to him for comment - No full and fair inquiry - Remedies - Contributory conduct - Necessary to determine allegations of untruthfulness on balance of probabilities - Credibility - Evidence of respondent's witnesses preferred - Untruthful about number of items taken - Reinstatement sought but declined on grounds of contribution - BREACH OF CONTRACT - Counter-claim - Sought damages for items taken - Damages awarded |
| Result | Application granted (Dismissal & breach of contract) ; Compensation for humiliation etc ($6,000) ; Damages ($540)(Counter-claim) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549 |
| Number of Pages | 8 |
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